- (1.) Factual matrix of the case is an another instance depicting the fall of governance on moral values in our system and also is an instance of blatant abuse of power. The facts giving rise to the writ petitions are discussed hereinafter.
(2.) The petitioner was appointed in accordance with rules in District Cooperative Bank Limited, Agra, after due selection through a duly constituted selection committee on 21.2.2000. The selection and appointment was duly approved by the U.P. Cooperative Institutional Service Board (in short the Board), in pursuance of power conferred by Regulation 5 of the U.P. Cooperative Societies Employees' Service Regulations, 1975 (in short Service Regulations).
(3.) While serving in the Bank, the petitioner moved an application dated 13.2.2004 (Annexure No.10 to the writ petition) to Northern Railway Primary Cooperative Bank Limited, Lucknow, for her transfer and absorption. It was indicated in her application by the petitioner that the Bank, vide its resolution No.8 dated 20.7.2002, had permitted and issued no-objection-certificate for her transfer to the Northern Railway Primary Cooperative Bank Limited, Lucknow. The no-objection-certificate was issued subject to approval by the Board. Another no-objection-certificate was issued on 3.6.2005 (Annexure No.13 to the writ petition) for absorption of the services. The Northern Railway Primary Cooperative Bank Limited, Lucknow, considered petitioner's application dated 13.2.2004 and vide its resolution dated 2.2.2008 (Annexure No.10 to the writ petition) resolved to induct the petitioner as Assistant Manager Class-2. The petitioner opposed the resolution on the ground that she was working on the post of Senior Branch Manager in the Bank hence she should not have been appointed on a post of lower cadre. She moved an application dated 8.2.2008 to the respondent No.4. In the meantime, the Committee of Management of the Northern Railway Primary Cooperative Bank Limited, Lucknow, was suspended on 4.8.2008. The application moved by the petitioner was considered under Rule 394 and the Joint Registrar, vide letter dated 9.4.2008 granted the approval according to earlier resolution dated 2.2.2008 permitting the petitioner to discharge duty in the Northern Railway Primary Cooperative Bank Limited, Lucknow, for one year on deputation after seeking approval from the Board. The Board, vide its order dated 19.4.2008 (Annexure No.13 to the writ petition) granted approval for appointment of the petitioner as Manager and in consequence, thereof, the petitioner joined duty as Manager on 25.4.2008.;